Texas Comparative Negligence and the 51 Percent Bar
Texas divides fault by percentage. Stay at 50 percent or below and you recover, reduced by your share. Reach 51 and you recover nothing at all.
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How the rule works
Section 33.001 of the Texas Civil Practice and Remedies Code applies proportionate responsibility. A jury assigns each party, including the injured person, a percentage of responsibility totalling 100.
An injured person found 50 percent or less responsible recovers damages reduced by their percentage. An injured person found 51 percent or more responsible recovers nothing. Texas calls this modified comparative fault, and the cliff at 51 percent is what makes it different from states that simply reduce the award.
Why the cliff changes how cases are defended
In a state with pure comparative fault, moving an injured person from 40 to 60 percent reduces the award. In Texas it eliminates it. That gives a defendant an enormous incentive to push responsibility past the halfway line rather than merely to share it.
It is the reason adjusters ask for recorded statements early, ask what you could have done differently, and treat an apology at the scene as an admission. None of that is about reducing the claim by ten percent. It is about reaching 51.
What gets argued against injured people
Speed, attention and reaction time in vehicle cases. Footwear, distraction and failing to look in premises cases. Lane position and gear in motorcycle cases. Crossing outside a crosswalk in pedestrian cases. Provocation in dog bite cases.
Each is a real question, and each is answerable with evidence rather than argument. Physical evidence, event data recorder downloads, camera footage and independent witnesses are what settle a percentage. Recollection is not.
Responsibility is shared across defendants too
The same rule allocates responsibility between defendants. Where several parties contributed, such as a driver, an employer and a maintenance contractor, each receives a percentage.
That matters practically: identifying every responsible party does not merely add insurance, it also reduces the share that can be attributed to the injured person.
Summary
| Your share of responsibility | What you recover |
|---|---|
| 0 percent | Full damages |
| 20 percent | 80 percent of damages |
| 50 percent | 50 percent of damages |
| 51 percent | Nothing |
| Any share above 51 percent | Nothing |
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Frequently asked questions
Yes, while you are 50 percent or less responsible. Your recovery is reduced by your percentage. At 51 percent or more you recover nothing, which is why the defense works so hard to push responsibility past halfway.
Texas uses modified comparative fault. Unlike states that simply reduce an award in proportion to fault, Texas eliminates recovery entirely once the injured person is found 51 percent or more responsible.
The jury, or the parties in a settlement negotiating against what they expect a jury would do. It is decided on evidence: physical evidence, vehicle data, footage and witnesses rather than on the accounts the parties give afterwards.
Often yes. Responsibility is allocated across all responsible parties, so identifying every one both adds available insurance and reduces the share that can be attributed to you.
Ask a lawyer about your own deadline
A free consultation covers what applies to your claim specifically, which is rarely the general rule.
Contingency fee. You pay nothing unless we win.